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A federal appeals court struck a major blow against the Consumer Financial Protection Bureau with a finding that its funding mechanism is unconstitutional. The decision is likely to be challenged, setting up a major fight for the future of the top U. consumer-finance watchdog. As set up under the Dodd-Frank Act, the CFPB is funded by the Federal Reserve rather than congressional appropriations.
But Republicans have chafed at what they view as anti-business practices and a lack of oversight. The structure has been the target of legal challenges before. Democratic Sen. Elizabeth Warren, who oversaw the CFPB's creation , responded to the ruling on Twitter, writing that "extreme right-wing judges are throwing into question every rule the CFPB enforces to protect consumers and businesses alike.
Republican Sen. Cynthia Lummis, meanwhile, said the CFPB "needs the same Congressional oversight as every other government agency. The CFPB is expected to challenge the ruling, though it has yet to confirm that. To that point, the CFPB issued new guidance to credit-reporting agencies Thursday about omitting what it called "junk data" from credit reports. The CFPB has faced several challenges to its existence over its 11 years in business. In , the Supreme Court ruled that restrictions on when its leader can be removed were unconstitutional, but rejected a plea to strike down the agency as a whole.
The most significant fear from progressive lawmakers and consumer groups is that the CFPB could see its resources chopped if left to the whims of Congress.
Public Interest Research Group. The new court decision comes as the CFPB, under Biden-appointed director Rohit Chopra , has taken a more aggressive stance toward the financial industry than his Trump administration predecessors. Chopra has also promised scrutiny over the way large technology companies are expanding into financial services.
But the agency is also taking up initiatives with fintech industry support, including finally setting up open-banking rules to guide data-sharing between financial institutions and tech companies. What the ruling means for the fintech industry remains to be seen. While regulators and companies can occasionally come into conflict, the agencies also serve an important role in providing rules of the road and certainty for business models.
His decisions on major cryptocurrency cases have quoted "The Big Lebowski," "SNL," and "Dr. The ways Zia Faruqui right has weighed on cases that have come before him can give lawyers clues as to what legal frameworks will pass muster. Veronica Irwin vronirwin is a San Francisco-based reporter at Protocol covering fintech.
Previously she was at the San Francisco Examiner, covering tech from a hyper-local angle. Before that, her byline was featured in SF Weekly, The Nation, Techworker, Ms. Magazine and The Frisc. One hundred percent electronic. The author is Magistrate Judge Zia Faruqui. His rulings have made smart references to "The Big Lebowski," "Dr. Strangelove," and "SNL" parodies of the McLaughlin Group.
Rather, before taking the judge position Faruqui was one of a group of prosecutors in the U. There, Faruqui prosecuted cases that involved terrorism, child pornography, and weapons proliferation.
But the ways Faruqui has weighed on cases that have come before him can give lawyers clues as to what legal frameworks will pass muster. Crypto lawyers have drawn on his prior decisions in the context of the Tornado Cash sanctions, for example. Faruqui spoke with Protocol about the power of his position, and what people in crypto should understand about the law.
There was another prosecutor, Christopher Brown — you know, the other Chris Brown — and he had taken an interest in this when we were both working on financial crime in the Washington, D.
Our U. attorney at the time, Jessie Liu, had this idea of using financial investigations in a way that was not limited to just white collar crime, or even narcotics cases, but also for cyber investigations, to national security investigations, and in civil cases.
A lot of what we were investigating was related to following the money and so she wanted us to be this multidisciplinary unit. But I have to say, we started with the goal of wanting to make T-shirts, and we never did that while I was there. Your decisions have also gotten a lot of attention. We're public servants! And in order for the public to have faith and trust us, they need to understand what it is that we're doing and what we're saying.
Humor is one way, not using a lot of legalese is another way. But I think there are many judges who are trying to make the judiciary more accessible, and so people can see the work that we're doing and understand what we're doing and then make their own opinions about if it's right or wrong. But at least, if it's understandable, then there's still some trust in the framework even if you don't agree with how our decisions are stated.
We are ambassadors for the judiciary to the people in our courtroom — it's a very frightening proposition being in court if you've been federally charged, and people have perceptions of what they think can happen there in terms of fairness or unfairness.
But then it goes far beyond that. I do a lot of work with the Administrative Office of the Courts, our central body doing civic education and outreach to high schools, because I want college and high school students and law students to have an experience where they get a chance to talk to a judge. So my goal is certainly not just getting to one segment of the population, but it's making decisions accessible to whoever's interested in reading them.
What has it felt like for you switching from that prosecutor role to magistrate judge? Lawyers are trying to take different frameworks from one topic and apply them to another, and then convince you that that is or is not appropriate. Being a judge is very different because you're evaluating what the parties present to you as the applicable legal frameworks, and deciding how new, groundbreaking technology fits into legal frameworks that were written 10 or 15 years ago.
But that's not really a place where judges get involved in saying how it ought to be regulated. There was, famously, a judge in Florida that said cryptocurrency was not money because you couldn't put it underneath your bed, and that's what money is: something that is tangible. So different people are going to have different decisions. And that's not just true for crypto, but also other areas of the law. Your best-known crypto decisions strongly assert that crypto is traceable.
One way people try to make it less traceable is with mixers, and Tornado Cash was sanctioned by OFAC not too long ago. Do you think the legal reasoning was sound enough for similar sanctions to be applied to other mixers, or decentralized exchanges?
I don't know. I think there's been some discussion that people may litigate some of these things, so I can't comment, because those frequently do come to our courthouse. And I think there are certainly people opining on that, yes and no.
So much of what judges do is that we rely on the parties that are before us to tell us what's right and what's wrong. And then, you know, obviously, they'll have different views, and we make a decision based on what people say in front of us. Are you aware that some legal analysis of the Tornado Cash sanctions references your recent decision in a cryptocurrency sanctions case?
That's what good lawyers will always do. Even legislators might look at that as they try to think about where the gaps are. As a prosecutor I had a case where we sued three Chinese banks to give us their bank records, and it had never been done before.
Afterwards, Congress passed a new law, using the decisions from judges in this court and the D. circuit court, the court above us. So I'm sure people look at prior decisions and try to apply them in the ways that they want to. Are there any misconceptions about how the law applies to crypto, or how your decisions should be interpreted, that you wish you could get across?
One misconception is that the judges can't understand this technology — we can. People have these views in two extremes. The lawyer's fundamental job is to take super complex and technical things and boil them down to very easily digestible arguments for a judge, for a jury, or whoever it might be. The financial technology transformation is driving competition, creating consumer choice, and shaping the future of finance.
Hear from seven fintech leaders who are reshaping the future of finance, and join the inaugural Financial Technology Association Fintech Summit to learn more. Financial technology is breaking down barriers to financial services and delivering value to consumers, small businesses, and the economy. Fintech puts American consumers at the center of their finances and helps them manage their money responsibly.
From payment apps to budgeting and investing tools and alternative credit options, fintech makes it easier for consumers to pay for their purchases and build better financial habits. Fintech also arms small businesses with the financial tools for success, including low-cost banking services, digital accounting services, and expanded access to capital. We advocate for modernized financial policies and regulations that allow fintech innovation to drive competition in the economy and expand consumer choice.
Spots are still available for this hybrid event, and you can RSVP here to save your seat. Join us as we discuss how to shape the future of finance. In its broadest sense, Open Banking has created a secure and connected ecosystem that has led to an explosion of new and innovative solutions that benefit the customer, rapidly revolutionizing not just the banking industry but the way all companies do business.
Target benefits are delivered through speed, transparency, and security, and their impact can be seen across a diverse range of use cases. Sharing financial data across providers can enable a customer individual or business to have real-time access to multiple bank accounts across multiple institutions all in one platform, saving time and helping consumers get a more accurate picture of their own finances before taking on debt, providing a more reliable indication than most lending guidelines currently do.
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The list of new value-add solutions continues to grow. The speed of business has never been faster than it is today. For small business owners, time is at a premium as they are wearing multiple hats every day. Macroeconomic challenges like inflation and supply chain issues are making successful money and cash flow management even more challenging.
This presents a tremendous opportunity that innovation in fintech can solve by speeding up money movement, increasing access to capital, and making it easier to manage business operations in a central place. Fintech offers innovative products and services where outdated practices and processes offer limited options. For example, fintech is enabling increased access to capital for business owners from diverse and varying backgrounds by leveraging alternative data to evaluate creditworthiness and risk models.
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